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Federal Judiciary

: California Appellate Report

People v. Burney (Cal. Supreme Ct. - July 30, 2009)

By Shaun Martin

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You might want to read this opinion to see the scintillating discussion therein regarding whether "Asians" -- as opposed to "Chinese" or "Filipino" -- are a cognizable ethnic group for purposes of juror composition. Except that I'm being facetious, since the case merely raises the issue without deciding it.

The only reason I even mention the opinion, which is another in a long line of cases in which the California Supreme Court has unanimously affirmed a death sentence, is idiosyncratic. As far as I can tell, this is the first time ever that someone with the first name "Shaun" has been sentenced to death. Back in the early 70s, there was a "Sean". But heretofore, no "Shaun".

So I don't like the silent precedent here, as I'd rather not be put to death. Thankfully, I'm not in the habit of kidnapping people and putting one in their ear.

Full post as published by California Appellate Report on July 30, 2009 (boomark / email).

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